Overbreadth Doctrine

1,059 Florida cases classified under this topic, plus 99 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Fla. Businessmen FOR Free Enter. v. The City OF Hollywood
  673 F.2d 1213· 11th Cir.· 1982-04-23 ·cited 41×
  The court held that Florida's drug paraphernalia laws and Hollywood's ordinance are neither unconstitutionally vague nor overbroad, and dissolved all injunctions.
• Janusaitis v. Middlebury Volunteer Fire Dep't
  607 F.2d 17· 2d Cir.· 1979-09-19 ·cited 41×
  The court held that the volunteer fire department's dismissal of a member constituted state action, but that the dismissal did not violate the member's First Amendment rights due to the need for harmonious relations within the department.
• State v. Kahles
  644 So. 2d 512· Fla. 4th DCA· 1994-08-24 ·cited 40×
  The court held that the trial court erred in finding Florida's Stalking Statute facially unconstitutional without first analyzing the defendant's conduct and whether the statute reached constitutionally protected conduct.
• Waldron v. McATEE
  723 F.2d 1348· 7th Cir.· 1983-12-22 ·cited 40×
  The court held that abstention is appropriate in this case to allow Indiana state courts to interpret the Indianapolis loitering ordinance, thereby potentially avoiding or altering the federal constitutional issue.
• Bowden v. State
  402 So. 2d 1173· Fla.· 1981-07-30 ·cited 40×
  The Florida Supreme Court upheld the constitutionality of Florida's RICO Act and obscenity statutes against appellants' facial constitutional challenges. The court rejected arguments that the RICO Act was vague, overbroad, imposed strict liability without intent, or infringed on
• The Casbah, Inc. v. Thone
  651 F.2d 551· 8th Cir.· 1981-06-08 ·cited 40×
  The court held that Nebraska Legislative Bill 991, prohibiting drug paraphernalia, is constitutional as written and construed, rejecting claims of vagueness, overbreadth, and violations of first and fourth amendment rights.
• Genusa v. City OF Peoria
  619 F.2d 1203· 7th Cir.· 1980-04-25 ·cited 40×
  The court held that while zoning and licensing requirements for adult bookstores can be constitutional, certain specific provisions related to definitions, special inspections, investigations, and disclosure requirements are unconstitutional prior restraints or invasions of priva
• United States v. Boyle
  482 F.2d 755· D.C. Cir.· 1973-07-16 ·cited 40×
  The court affirmed the conviction, holding that 18 U.S.C. § 610 prohibits contributions from a union's general treasury, regardless of whether individual members' contributions to that treasury were voluntary, and that 29 U.S.C. § 501(c) is violated by converting union funds for
• State v. Ashcraft
  378 So. 2d 284· Fla.· 1979-12-20 ·cited 39×
  The court held that the statutory language 'excitative drug' is sufficiently definite and not overbroad, reversing the dismissal order.
• United States v. Brewster
  506 F.2d 62· D.C. Cir.· 1974-08-02 ·cited 39×
  A conviction under the illegal gratuity statute (18 U.S.C. § 201(g)) can be sustained as a lesser included offense of bribery (18 U.S.C. § 201(c)(1)), but the trial judge's instructions failed to adequately distinguish between the offenses.
• L.A.T. v. State
  650 So. 2d 214· Fla. 3d DCA· 1995-02-15 ·cited 38×
  L.A.T., a juvenile, was arrested for disorderly conduct and resisting arrest after loudly and profanely protesting the arrest of his friend at a shopping mall. The Florida appellate court reversed his delinquency finding, holding that his protest constituted constitutionally prot
• United States v. Harris
  903 F.2d 770· 10th Cir.· 1990-05-16 ·cited 38×
  The court affirmed the conviction, forfeiture, and sentence, finding no error in the Travel Act violation evidence, search warrant validity, expert testimony, admission of evidence, or sentencing.
• Vernette Wilkerson v. State
  556 So. 2d 453· Fla. 1st DCA· 1990-01-26 ·cited 38×
  Vernette Wilkerson appeals her conviction for obstructing a police officer, arguing that Florida Statute 843.02 is unconstitutionally overbroad because it infringes on her right to free speech. The appellate court affirms, finding that the statute can be narrowly construed to pro
• United States v. Jeter
  775 F.2d 670· 6th Cir.· 1985-10-11 ·cited 38×
  The dissent argues that neither the federal theft statute nor the obstruction of justice statute should be interpreted to criminalize the misuse or misappropriation of secret grand jury testimony. Such conduct should be handled through civil and criminal contempt proceedings.
• Planned Parenthood OF Central AND Northern Arizona v. The State OF Ariz.
  718 F.2d 938· 9th Cir.· 1983-10-18 ·cited 38×
  The court held that while Arizona can refuse to fund abortion-related activities, the footnote was potentially unconstitutionally broad by withholding all state funds. The court also found the term 'counseling for abortion procedures' not unconstitutionally vague.
• McKENNEY v. State
  388 So. 2d 1232· Fla.· 1980-10-02 ·cited 38×
  Margaret McKenney appealed her conviction for assignation (prostitution-related offense) and habitual misdemeanor sentencing. The Florida Supreme Court upheld the constitutionality of the assignation statute against vagueness and overbreadth challenges, rejected her claim that a
• Goodyear Tire & Rubber Co. v. Cooey
  359 So. 2d 1200· Fla. 1st DCA· 1978-06-23 ·cited 38×
  Goodyear seeks certiorari review of a discovery order requiring it to produce documents and allow plaintiff's expert to inspect its tire manufacturing plant to investigate an alleged tire failure that caused a death. The court granted the petition, finding the discovery order ove
• United States v. Wise
  550 F.2d 1180· 9th Cir.· 1977-03-28 ·cited 38×·via Statutory Overbreadth
  The court held that 17 U.S.C. § 104 is constitutional and that most of the film distribution agreements were restricted licenses, not sales, thus constituting infringement. However, one conviction was reversed due to insufficient proof of absence of a first sale.
• A Quaker Action Grp. v. Rogers C. B. Morton
  516 F.2d 717· D.C. Cir.· 1975-01-24 ·cited 38×
  The court held that the definition of 'public gathering' is constitutionally valid, but disagreed with the majority's interpretation of its application, particularly regarding individual demonstrators and numerical limits.
• United States v. Womack
  509 F.2d 368· D.C. Cir.· 1972-12-07 ·cited 38×
  The court held that the trial court did not abuse its discretion in excluding comparison evidence and that the search warrant was valid. The court also affirmed convictions based on the Miller obscenity tests.
• Campus Commc'ns, Inc. v. Earnhardt
  821 So. 2d 388· Fla. 5th DCA· 2002-07-12 ·cited 37×
  Campus Communications appealed a trial court judgment upholding Florida Statute Section 406.135, which exempts autopsy photographs from public disclosure under the Public Records Act. The court affirmed the statute's constitutionality, its retroactive application, and the denial
• Levine v. United States Dist. Court FOR the Cent. Dist. OF Cal.
  764 F.2d 590· 9th Cir.· 1985-06-24 ·cited 36×
  The court held that attorneys' speech can be restrained by gag orders to prevent the risk of eliminating a fair trial before an impartial jury.
• Beckerman v. City OF Tupelo
  664 F.2d 502· 5th Cir.· 1981-12-23 ·cited 36×
  The court held that the parade ordinance's prohibition on parades starting after 6:00 p.m. and the sound-truck ordinance's definition of residential areas were invalid.
• Reeves v. McCONN
  631 F.2d 377· 5th Cir.· 1980-11-24 ·cited 36×
  The court held that while the city can regulate sound amplification, certain provisions of its ordinance were unconstitutionally overbroad or vague, infringing on First Amendment rights.
• Int'l Soc'y FOR Krishna Consciousness, Inc. v. Rochford
  585 F.2d 263· 7th Cir.· 1978-10-06 ·cited 36×
  The court held that certain airport regulations were unconstitutionally vague and overbroad, infringing on First Amendment rights, while others were permissible.
• Gasparinetti v. Kerr
  568 F.2d 311· 3d Cir.· 1977-11-03 ·cited 36×
  The court held that two police department regulations prohibiting derogatory references and censoring official transactions were unconstitutionally overbroad. It also found a third regulation prohibiting public disparagement to be unconstitutionally overbroad. The court reversed
• Bradshaw v. State
  286 So. 2d 4· Fla.· 1973-11-21 ·cited 36×
  Florida Supreme Court affirmed Bradshaw's conviction for disorderly conduct, resisting an officer, and assault and battery, rejecting his challenge that the disorderly conduct statute was unconstitutionally vague and overbroad. The court held the statute met constitutional standa
• United States v. Baranski
  484 F.2d 556· 7th Cir.· 1973-08-29 ·cited 36×
  The court held that the defendants had standing to challenge their conspiracy conviction based on the unconstitutionality of one alleged object of the conspiracy, and that the statute was not unconstitutionally vague or overbroad.
• Thoms v. Heffernan
  473 F.2d 478· 2d Cir.· 1973-01-08 ·cited 36×
  The dissenting judge believes the court lacks appellate jurisdiction because the three-judge district court failed to properly address injunctive relief, and thus the case should be remanded.
• Joyce v. United States
  454 F.2d 971· D.C. Cir.· 1971-10-26 ·cited 36×
  The court held that the Flag Desecration Statute is not unconstitutionally vague, overbroad, or an abridgment of First Amendment rights, and that the evidence was sufficient to support the conviction for publicly mutilating the flag.
• Jackson v. Dorrier
  424 F.2d 213· 6th Cir.· 1970-04-06 ·cited 36×
  The court held that a high school's hair length regulation, reasonably connected to maintaining school discipline and a wholesome academic environment, does not violate students' constitutional rights when applied with adequate due process.
• United States v. Jude R. Hayes
  794 F.2d 1348· 9th Cir.· 1986-05-09 ·cited 35×
  The dissenting judge holds that the search warrants were unconstitutionally broad and violated the Fourth Amendment's particularity requirement.
• Morales v. Schmidt
  494 F.2d 85· 7th Cir.· 1974-03-22 ·cited 35×
  The court held that the proper standard for restricting a convicted person's correspondence is whether the restriction is reasonably and necessarily related to a justifiable purpose of imprisonment, not a compelling interest standard.
• In re Fuller
  255 So. 2d 1· Fla.· 1971-11-10 ·cited 35×
  A juvenile was adjudicated delinquent for disorderly conduct under Florida Statutes Section 877.03 after a minor altercation at school over a torn Negro History Week poster. The Florida Supreme Court reversed the conviction, holding that while the disorderly conduct statute is no
• State v. Catalano
  104 So. 3d 1069· Fla.· 2012-12-13 ·cited 34×
  The Florida Supreme Court affirmed the Second District Court of Appeal's declaration that Fla. Stat. § 316.3045, which prohibits amplified sound from vehicles that is "plainly audible" beyond 25 feet, is unconstitutional. The statute violates the First Amendment by creating a con
• Johnson v. State
  44 So. 3d 198· Fla. 4th DCA· 2010-09-15 ·cited 34×
  The court held that the appellant's post-conviction petition and subsequent appeal were frivolous, abusive, and not brought in good faith, warranting referral for disciplinary procedures.
• Simmons v. State
  944 So. 2d 317· Fla.· 2006-11-16 ·cited 34×
  The Florida Supreme Court upheld two statutes criminalizing online conduct directed at minors: a luring statute (§ 847.0135) and a transmission statute (§ 847.0138) prohibiting sending harmful material to minors via electronic mail. The court rejected facial constitutional challe
• Glines v. Wade
  586 F.2d 675· 9th Cir.· 1978-10-05 ·cited 34×
  The court held that while the Air Force regulations restricting petition circulation were unconstitutional and void, the district court lacked jurisdiction to award back pay exceeding $10,000.
• S.H.B. v. State
  355 So. 2d 1176· Fla.· 1977-11-30 ·cited 34×
  The Florida Supreme Court upheld a juvenile's adjudication for violating Section 871.01, which prohibits willful disturbance of school assemblies and religious gatherings. The court rejected First Amendment overbreadth challenges, holding that the statute is constitutional and ca
• Wiegand v. Honorable William H. Seaver
  504 F.2d 303· 5th Cir.· 1974-11-14 ·cited 34×
  Florida's breach of the peace and disorderly conduct statute (F.S. 877.03) is unconstitutionally overbroad because it fails to distinguish between protected and unprotected speech and has not been authoritatively construed to limit its application solely to unprotected expression
• M.C. v. State
  695 So. 2d 477· Fla. 3d DCA· 1997-06-11 ·cited 33×
  M.C., a juvenile, was adjudicated delinquent for violating Florida's statute prohibiting disruption of school functions after she loudly protested her brother's arrest in the school office. The appellate court upheld the statute against facial challenges of unconstitutionality, f
• United States v. Columbia Broad. Sys., Inc.
  497 F.2d 102· 5th Cir.· 1974-07-11 ·cited 33×
  The court held that the district court's orders banning the publication of sketches and prohibiting in-court sketching were unconstitutionally overbroad and therefore invalid.
• Hall Davis v. Francois
  395 F.2d 730· 5th Cir.· 1968-05-28 ·cited 33×
  The court held that the Port Allen picketing ordinance is unconstitutional on its face because it is overbroad and unduly restricts protected First Amendment rights.
• Speech First, Inc. v. Cartwright
  32 F.4th 1110· 11th Cir.· 2022-05-02 ·cited 32×
  Speech First, Inc., an organization dedicated to protecting students' free-speech rights, challenged two University of Central Florida policies—a discriminatory-harassment policy and a bias-related-incidents policy—as unconstitutional restrictions on First Amendment rights. The E
• United States v. Hoyland
  914 F.2d 1125· 9th Cir.· 1990-09-14 ·cited 32×
  A defendant can be convicted of structuring bank deposits to avoid reporting requirements even if they were unaware the conduct was illegal, as long as they acted with the intent to prevent the bank from filing a report.
• In re The Matter of the Adoption OF: H.Y.T. v. Smith
  458 So. 2d 1127· Fla.· 1984-10-25 ·cited 32×
  The Circuit Justice granted a stay of an order prohibiting the publication of juror names and addresses, finding it a likely unconstitutional prior restraint.
• The City OF Hialeah v. Rehm
  455 So. 2d 458· Fla. 3d DCA· 1984-08-07 ·cited 32×
  The City of Hialeah and its police officers appealed a directed verdict judgment awarding $25,000 to Stephen Rehm for false arrest and false imprisonment. The court reversed, holding that the trial court erred in directing a verdict on liability because reasonable jurors could di
• Clark v. The City OF LOS Angeles
  650 F.2d 1033· 9th Cir.· 1981-07-13 ·cited 32×
  The court held that the admission of a diary as evidence was reversible error because it was not a business record or recorded recollection and was highly prejudicial. The court also affirmed the denial of the motion to declare the zoning ordinance unconstitutional.
• Nat'l Comm'n ON EGG Nutrition & Richard Weiner, Inc. v. Fed. Trade Comm'n
  570 F.2d 157· 7th Cir.· 1977-11-29 ·cited 32×
  The court held that the FTC's order prohibiting false and misleading advertising regarding the link between egg consumption and heart disease was largely valid, but a provision requiring an additional statement was overbroad and needed modification.
• C. D. (Denny) Abbott v. Thetford
  529 F.2d 695· 5th Cir.· 1976-04-02 ·cited 32×·via Facial Overbreadth Doctrine